Legal Experts and Activists Call for Institutional Independence to Bolster Human Rights and Accountability in Bangladesh
Senior Supreme Court lawyer Sara Hossain has criticized the lack of independent oversight for both security forces and the judiciary, warning that existing mechanisms remain opaque and insufficient to ensure true accountability. Speaking at the Bengal Delta Conference in Dhaka, hosted by the Dhaka Institute of Research and Analytics, Hossain emphasized that while a Supreme Judicial Council exists to oversee the judiciary, its procedures lack transparency, leaving the public in the dark regarding the nature of complaints and the progress of investigations.
Addressing the legislative framework governing human rights, Hossain noted that while the current draft of the National Human Rights Commission Act is an improvement over the 2009 iteration, it remains weaker than the version proposed during the interim government. She lamented that a critical window to establish a more robust and effective human rights commission was missed, stressing that substantive reform requires move beyond merely updating legal language.
The call for institutional independence resonated throughout the panel, with Sonali Dayaratne, Deputy Resident Representative of the United Nations Development Programme, arguing that constitutional and autonomous bodies—such as the Anti-Corruption Commission and the Human Rights Commission—cannot function effectively without structural independence. Dayaratne urged the state to insulate these institutions from executive overreach, particularly in matters of leadership appointments, budgeting, and staffing. She maintained that unless these organizations are shielded from political and administrative interference through merit-based and transparent recruitment, they will fail to gain the public trust necessary for their mandates.
Representing the voices of those directly affected by systemic injustice, Sanjida Islam Tuli, coordinator of 'Mayer Dak,' a platform for families of the disappeared, called for legislation devoid of loopholes. She insisted that policymakers must integrate the perspectives of victims into the reform process, arguing that institutions become significantly more credible when they reflect the experiences of those they are meant to protect. Tuli also underscored the importance of reparations, framing compensation as a vital step for the state to acknowledge past wrongs and restore the dignity of victims.
Concerns regarding the institutionalization of impunity were further detailed by Nabila Idris, a former member of the Commission of Inquiry on Enforced Disappearances, who highlighted specific provisions in the draft human rights law that could shield security forces from accountability. Lawmaker Akhtar Hossain acknowledged the necessity of curbing political influence in appointments, noting that prior proposals to form an independent selection body—comprising representatives from the government, opposition, and third parties—have yet to be implemented.
The panel, moderated by Professor Asif Mohammad Shahan of Dhaka University, concluded with Switzerland’s Charge d’Affaires, Depek Elmar, emphasizing that a truly powerful human rights commission serves the collective interest of all citizens, regardless of their political affiliation, by acting as a safeguard for democratic norms and fundamental rights.
